This chapter shall briefly be known as the "Rockland County Victims
of Gender-Motivated Violence Protection Act."
As used in this chapter, the following terms shall have the meanings
indicated:
CRIME OF VIOLENCE
An act or series of acts that would constitute a misdemeanor or felony
against the person as defined in state or federal law or that would constitute
a misdemeanor or felony against property as defined in state or federal law
if the conduct presents a serious risk of physical injury to another, whether
or not those acts have actually resulted in criminal charges, prosecution,
or conviction.
Every element of the cause of action granted herein shall be proved
by a preponderance of the evidence, except that conviction of a crime arising
out of the same transaction, occurrence or event giving rise to a cause of
action under this chapter shall be considered conclusive proof of the underlying
facts of that crime for purposes of an action brought under this chapter.
That such crime was a crime of violence motivated by gender must be proved
by a preponderance of the evidence.
A civil action under this chapter must be commenced within seven years after the alleged crime of violence motivated by gender, as defined in §
279-3 of this chapter, occurred. If, however, due to injury or disability resulting from an act or acts which gives or give rise to a cause of action under this chapter, or due to infancy as defined in the Civil Procedure Law and Rules, a person entitled to commence an action under this chapter is unable to do so at the time such cause of action accrues, then the time within which the action must be commenced shall be extended to seven years after the inability to commence the action ceases.
Unless otherwise specifically provided for in this chapter, the provisions
of the New York State Civil Procedure Law and Rules shall govern actions brought
under this chapter.